DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
212498P.pdf 08/30/2022 NW AR Conservation Authority v. Crossland Heavy Contractors
U.S. Court of Appeals Case No: 21-2498
U.S. District Court for the Western District of Arkansas - Fayetteville
[PUBLISHED] [Colloton, Author, with Melloy and Gruender, Circuit Judges]
Civil case. The water authority brought this action for breach of
contract, negligence, breach of express and implied warranties and
products liability after experiencing failures in the sewer pipes
defendant Crossland installed; defendants moved to dismiss on statute of
limitations grounds, and the authority argued the doctrine of nullum
tempus should be applied to avoid the statutes of limitations; the
district court did not err in determining that the rights the Authority
seeks to enforce are private, rather than public rights, and the Authority
could not invoke the doctrine of nullum tempus to avoid the statutes of
limitations or repose.